CREATORS: Prosecuting Parents for Unsafe Sleep Environments

Matthew T. Mangino
CREATORS
June 9, 2025

Every year in this country over 4,500 babies die of Sudden Infant Death Syndrome (SIDS). Children's Hospital of Philadelphia defines SIDS as "the sudden and unexplained death of an infant under one year of age." SIDS is one of the leading causes of death in babies from 1 month to 1 year of age. It seems to plague otherwise healthy infants, usually during sleep time.

Several states have infant safe sleep laws. In Pennsylvania, the legislature enacted a specific law requiring parents to follow the sleep recommendations of the American Academy of Pediatrics (AAP). The law provides, "Infants shall be placed in the sleeping position recommended by the AAP." In 1992, the AAP recommended, "Infants should be placed in the supine position for every sleep until the child reaches 1 year of age."

During a 2007 committee hearing on the proposed Pennsylvania legislation, Eileen Carlins, the Director of Support and Education for SIDS of Pennsylvania, told legislators, "Over and over in my job I keep hearing the same thing, they didn't know, they didn't know."

In an effort to educate new parents, the law requires hospitals, birthing centers and health care practitioners to provide educational materials, then ask the parents to sign off on a certification that they received the information.

Delaware, Michigan, New York, Ohio and Colorado have similar laws, but Pennsylvania has taken it a step further. The state is prosecuting parents for failure to provide safe sleep environments. There has been prosecution of parents in other states like Virginia and Indiana for accidental suffocations and "overlays" where a parent sleeps next to an infant and rolls onto the infant, causing death by suffocation.

According to a recent article in Spotlight PA, a nonpartisan investigative journalism website, two sets of Pennsylvania parents face felony charges after police say their infants died while in "unsafe" sleep positions.

While experts and family advocates agree babies should sleep on their backs without anything in the crib, should simply failing to follow the recommendations amount to murder-three or involuntary manslaughter?

In one case, according to newspaper reports, back in May of last year, police in Lebanon County, Pa., responded to the Penn State Health Hershey Medical Center for the death of a three-month-old infant. Police said that the child's mother, Gina Strause, found the child unresponsive inside his crib.

According to police documents, "(Gina) related she went to get the child inside his crib to feed him and that was when she observed he was cold to the touch and appeared blue and she immediately called 911 and performed CPR until EMS arrived."

Police charged Strause, 40, and her husband, David, 42, with endangering the welfare of children, involuntary manslaughter and recklessly endangering another person. According to police, Strause said she placed the child back in his crib between 1:00 a.m. and 1:30 a.m. "on a 'pillow' and he was placed on his stomach (prone)."

In a second case, 19-year-old Natalee Michele Rasmus is facing murder charges for the death of her infant in Luzerne County, Pennsylvania. Rasmus is charged with third-degree murder, involuntary manslaughter and child endangerment in the death of her one-month-old daughter in October of 2022.

An autopsy determined the infant's death was caused by asphyxia due to mechanical compression.

Although parents in Pennsylvania are informed of safe sleep environments — being provided a pamphlet and signing a certification may not be enough, and certainly shouldn't be the basis for criminal charges.

An ongoing study by Johns Hopkins University is analyzing the use of an infant sleep assessment tool and motivational interviewing to enhance parent communication on safe sleep.

While the study is still recruiting participants, researchers hypothesize it will improve effective communication on sleep practices, reducing SIDS risk.

There is even research published in eBiomedicine that has identified a potential biomarker for SIDS. Yet, parents devastated by the death of an infant child face the wrath of the criminal justice system.

Nancy Maruyama, the executive director of Sudden Infant Death Services of Illinois, a nonprofit organization that educates the public about safe-sleep practices told Spotlight PA,

"To charge them criminally is a crime, because they have already suffered the worst loss."

Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book The Executioner's Toll, 2010 was released by McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Twitter @MatthewTMangino.

To visit CREATORS CLICK HERE

Pennsylvania criminalizes poor parenting

Two sets of Pennsylvania parents face felony charges after police say their infants died in unsafe sleep positions, reported Spotlight PA.

While experts and family advocates say young babies should sleep on their backs without anything in the crib, simply failing to follow the recommendations shouldn’t amount to a crime.

In both cases, brought in the past six months, law enforcement say the parents knowingly put their children at risk. Parents from Lebanon County are accused of putting their son to sleep on his stomach with a pillow in the crib (the mother told PennLive she put her son on his back, but that he had learned how to roll over). A mother from Luzerne County, meanwhile, was charged after police say she let her daughter sleep face down in a U-shaped pillow.

Law enforcement argued in charging documents that the parents should have known better. They cited signed acknowledgements created as part of a 2010 law the state legislature passed to educate parents about Sudden Infant Death Syndrome (SIDS). The law requires hospitals, birthing centers, and health care practitioners to provide educational materials, then ask the parents to certify they received them.

The statement is voluntary, and there is a box noting if parents refused to sign.

The lawmaker who championed the measure, former state Rep. Lawrence Curry (D., Montgomery), died in 2018. News reports from the time say the bill was written with input from two safe-sleep experts with Cribs for Kids, a Pittsburgh-based organization that seeks to prevent sleep-related deaths.

Neither expert was available to comment, but other people dedicated to educating parents and preventing SIDS deaths oppose bringing criminal charges against grieving parents and note that there is no law against stomach sleeping.

“To charge them criminally is a crime, because they have already suffered the worst loss,” said Nancy Maruyama, the executive director of Sudden Infant Death Services of Illinois, a nonprofit organization that educates the public about safe-sleep practices and provides support to families who have experienced the loss of an infant.

“There’s nothing else you could have done to me that would have caused any more pain than the payment I had,” said Maruyama, who lost her son in 1985. “My heart’s broken.”

Safe-sleep experts stressed that these situations are not as cut and dried as a parent should have known better.

They talked about potential contributing factors like the differences in time spent educating parents in the hospital, if someone a parent trusts tells them stomach sleeping is OK, and even images parents see online that show an infant sleeping on their stomach.

The law “says that families have to receive that education, but it doesn’t say how that education is delivered, and it doesn’t state how families’ understanding or learning is evaluated,” said Devon George, chief programs officer at Cribs for Kids. (George was not involved in the drafting of the law.)

In Lebanon County, Gina and David Strause were charged in May with involuntary manslaughter, recklessly endangering another person, and endangering the welfare of children after the death of their son Gavin. Gina Strause told PennLive she put her son on his back, but that he was able to roll over. She told the outlet she did not recall taking home safe-sleep instructions.

In Luzerne County, Natalee Rasmus was charged in December with third-degree murder, involuntary manslaughter, and endangering the welfare of children after her 1-month-old daughter, Avaya, died.

Officers say they found the baby face down in a bassinet propped up on a U-shaped pillow linked to other infant deaths.

“Yeah, she wouldn’t sleep, she’ll just scream, so she has to be like propped up,” Rasmus, who was 17 at the time her daughter was born, told the investigating officer, according to the documents.

Rasmus’ public defender did not respond to requests for comment. Neither did the district attorneys in Lebanon and Luzerne Counties.

Maruyama said it’s her job to use evidence-based, peer-reviewed information to educate people with a baby about safe-sleep recommendations.

“But, you know, sometimes they’re just so tired and they just want their child to sleep, and they know if they put them on their tummy, they’ll sleep,” she said.

In 1992, the American Academy of Pediatrics first recommended that infants sleep on their backs or sides. Four years later, the organization changed the recommendation to only back sleeping. Since then, SIDS rates have plummeted, although sleep-related deaths remain a leading cause of infant mortality.

That’s what prompted the 2010 law, which directed the Pennsylvania Department of Health to create and recommend safe-sleep materials.

The “information provided to parents must include risk factors associated with sudden unexpected infant death (SUID) and advise them about safe sleep practices,” a department spokesperson told Spotlight PA.

The agency provides a brochure that complies with Act 73 in hard copy and electronic format. That brochure is two pages long and repeats recommendations from the American Academy of Pediatrics that babies should not sleep with others and should sleep on their backs in an uncluttered crib.

The state also funds PA Safe Sleep, which provides birthing hospitals with services including patient education information and expert training, and safe-sleep education at the county level through children and youth agencies.

George said it’s important to question how hospitals are delivering information and evaluating what parents are learning.

But the most important question about these situations, she said, should be: “How are we helping families? How are we supporting families?”

Of the 343 infant deaths reported in Pennsylvania in 2022 (the most recent year data is available), unsafe sleep factors were present in 68 cases, according to a state report.

While education is crucial to drop the rates of these deaths, it is not enough on its own, said Michael Goodstein, a neonatologist at WellSpan hospital in York County. He is also the director of the county Cribs for Kids program and a member of an American Academy of Pediatrics subcommittee on sudden unexpected infant deaths.

A parent who watches a video with their doctor and gets all their questions on safe sleep answered versus the parent who gets a handout will have a different level of understanding on the topic, Goodstein said.

Like all experts who spoke to Spotlight PA, Goodstein said this is a complex issue that needs more attention, more awareness, and more research.

“It’s really important to follow the safe-sleep recommendations,” Goodstein said. “I’m not going to say it’s easy to do. Babies get fussy and parents are sleep deprived, and at some point, they sometimes do things that might help the baby get back to sleep faster, so that they get some sleep, but in the end, is not a safe thing to do.”

Rare charges

It’s extremely rare for parents to be charged with a crime after their infants die sleeping on their stomachs, said Daniel Nevins, who has over 20 years of experience as a criminal defense attorney.

Nevins said he couldn’t name another case off the top of his head with similar facts.

Spotlight PA identified a handful of criminal cases nationwide related to the deaths of infants sleeping in Boppy pillows, like the one police say Rasmus used. Charges have also been brought against parents who slept in the same bed as their child.

In the recent Pennsylvania cases, Nevins said the burden of proof for prosecutors is high.

To secure a conviction for involuntary manslaughter — which is punishable by up to 10 years in prison — prosecutors will have to prove that the parents acted dangerously or recklessly and that they should have known better.

For third-degree murder — which can be punished with up to 40 years in prison — prosecutors do not have to prove that the death was intentional but do have to demonstrate malice.

“The commonwealth had better think long and hard about whether or not they have enough evidence to pursue these types of charges,” Nevins said.

To read more CLICK HERE